Someone needs to let the President of the United States know that Memorial Day is, at least in theory, a somber remembrance for the nation's war dead. It might have been nice if that someone had done so before Trump showed up in Japan over the weekend --- for talks with that nation's Prime Minister --- and wished U.S. troops stationed with our ally and former WWII foe a "Happy Memorial Day!" It certainly wasn't a happy one around many parts of the U.S. for a number of reasons. But, once again, we try to find the bright spots where we can.

Among the swarm of stories covered on today's BradCast [Audio link posted below summary]...

• The record swarm of tornado swarms continued on Memorial Day, with some 53 twisters touching down in eight different states on the same day. A man in Ohio was killed when a car flew into his living room and at least 130 were reportedly injured in the Buckeye State, where power was knocked out to more than 5 million residents as of Tuesday morning. "Catastrophic" destruction was seen across many states after Monday marked a record-tying 11th straight day with at least eight tornadoes in the U.S. according to NOAA. Whether media outlets connected the virtually unprecedented storms (and month of flooding in the Midwest and Central U.S. that preceded it) to our worsening climate crisis is another matter entirely;

• Speaking of Ohio, at least before the storms, a KKK rally on Saturday brought out 9 Klansmen and between 500 and 600 counter-protesters. At least the folks in Dayton got that one right, if not some of their responses to emergency interruptions during their favorite TV programs as tornadoes swept through the state on Monday;

• And, speaking of getting it wrong, there is the far-right evangelist Franklin Graham, son of the late, respected minister Billy Graham. Franklin, a Trump supporter who has attacked Indiana Mayor and 2020 hopeful Pete Buttigieg for being both gay and a practicing Christian at the same time, used his tax-exempt religious pulpit to call for "Christian leaders" to declare a "day of prayer" next Sunday for Donald Trump, who, Franklin says, has been "attacked" by his "enemies" more than "any President in the history of this nation". President Abraham Lincoln dissents;

• As the loony right rises, or tries to, we move out west to Fresno, California, which, as we reportedly exclusively back in 2013, single-handedly blocked an attempted statewide "recount" of Prop 37, a state ballot initiative that would have required the labeling of GMO foods. The wingnuttery in Fresno continued over the weekend, as its minor league baseball franchise, the Fresno Grizzlies, "celebrated" Memorial Day with a video tribute that featured a speech by Ronald Reagan and a montage of Americas "enemies" that included Kim Jong Un, Fidel Castro and....wait for it....New York's Democratic freshman Rep. Alexandria Ocasio-Cortez. The team eventually apologized to AOC --- hours after their initial apology for the video itself --- though they never bothered to mention that, among other "enemies" shown in the 3 and a half minute video played at the ballpark, anti-fascism and anti-KKK marchers were also singled out. 'Happy' Memorial Day!;

• In voting news over the long weekend....the U.S. Supreme Court on Friday put on hold two different earlier rulings from lower federal appeals courts finding that Republicans in both Ohio and Michigan had unconstitutionally gerrymandered their Congressional maps for the past decade. The high court's action was issued without comment as we await their pending decisions on two similar cases the Justices heard earlier this year regarding unlawful partisan gerrymanders in North Carolina and Maryland. That may be a bad omen for those two cases. But, for now, the SCOTUS order blocks the lower court orders to draw new, fair Congressional maps for 2020 in Ohio by June 14 and in Michigan (where new state legislative districts were also ordered) by August 1;

• There was better news, for a change, in the state of Texas of all places. The state's legislative session ended on Monday without confirmation of the nomination of Gov. Greg Abbott's Secretary of State David Whitley, thanks to all Senate Democrats refusing to support him. Whitley was forced to resign without the confirmation, which was withheld after the unqualified former travel aid to Abbott had falsely announced in January that 100,000 non-citizens were registered to vote in Texas, with 58,000 of them having illegally cast votes since 1996. As it turns out, most of those voters had become naturalized citizens over that period. But that didn't prevent Whitley from instructing the state's County Clerks to purge voters in 30 days unless they could prove their citizenship or from referring the case to the TX Attorney General who promptly ordered criminal investigations for his own part in the attempted purge. The state was sued by three different voting rights groups and a number of naturalized citizens. They were forced to settle by changing voter roll purge rules for the future and paying some $450,000 to plaintiffs for their legal costs and fees;

• Finally today, with at least 24 candidates vying for the 2020 Democratic presidential nomination and debates set to begin next month, voters have been sizing up how the hopefuls might take on Donald Trump next year (presuming he's the GOP nominee) if they win the nod. Last week, during a Washington Post forum, South Bend, IN Mayor Buttigieg, who was deployed to Afghanistan in the Naval Reserves, cited Trump's draft dodging due to a claimed "disability" during the Vietnam War. When asked about his comments over the weekend on ABC's This Week, rather than backing off of them, Buttigieg doubled-down, revealing a) Trump was, indeed, a draft dodger who now pretends to revere the military, but who was willing to let someone else take his place in Vietnam and b) Mayor Pete is not afraid to stand up, at least rhetorically, to the bully who has become the President of the United States, even after some in the media attempted (as they do) to try and call him out for it...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

Our guest on today's BradCast, argues that representative democracy is facing a "major crisis." And he wasn't even talking about the Constitutional Crisis we are now seeing as Trump turns up his obstruction measures against the U.S. Congress to 11. But partisan gerrymandering underscores that crisis as well. [Audio link to full show is posted below.]

First up today, however, much of Texas and Oklahoma are under tornado watches and warnings today, as 10 million Americans were under flash flood warnings as of airtime today, following as many as 67 tornadoes over the weekend in in Texas, Oklahoma, Louisiana, Kansas and Nebraska. That, after more than a month of record flooding along the Missouri and Mississippi rivers in many states. There is good reason that the UK's Guardian newspaper updated its style-guide last week to reflect the existential climate crisis humanity now faces, thanks to the burning of fossil fuels. The Guardian is now recommending "climate change" be referred to by its journalists as "climate emergency, crisis or breakdown", and that "global warming" is better described as "global heating", with "climate science denier" to be used instead of the inaccurate "climate skeptic". It will be nice when US media decides to do the same.

Meanwhile, in the U.S., Ford Motor Co.'s CEO --- who personally received a 6% raise last year, bringing his total compensation package to nearly $18 million --- announced plans for a "smart organizational redesign process" on Monday. That's a nice way of describing the company's decision to lay off as many as 7,000 workers by the end of summer. So much for the $1.5 trillion GOP tax cut assuring jobs, jobs, jobs and putting our economy "on rocket fuel", apparently, as Trump promised.

But the biggest news over the weekend, no doubt, comes from conservative Republican Rep. Justin Amash of Michigan, who announced and explained on Twitter why he believes "President Trump has engaged in impeachable conduct" and why even the redacted version of the Mueller Report reveals Trump "engaged in specific actions and a pattern of behavior that meet the threshold for impeachment."

The courageous, staunch libertarian Tea Party Republican and co-founder of the hard right Freedom Caucus in Congress, also charges that Trump's new Attorney General William Barr "deliberately misrepresented Mueller's report", that "partisanship has eroded our system of checks and balances," and that "the risk we face in an environment of extreme partisanship is not that Congress will employ [impeachment] as a remedy too often but rather that Congress will employ it so rarely that it cannot deter misconduct." He went on to warn, as we long have as well, that "When loyalty to a political party or to an individual trumps loyalty to the Constitution, the Rule of Law --- the foundation of liberty --- crumbles."

Trump's impressive response was to call Amash "a total lightweight" and "loser". Ours is to bestow him with our much-sought after, if rarely bestowed, Intellectually Honest Conservative Award

Of course, there are other reasons that so few (exactly zero, at the moment) other Congressional GOPers have joined Amash in standing up for what they used to pretend to believe in. One is that Democrats have yet to present the case for impeachment to the American public, even as the Trump Administration invokes every form of unlawful obstructive measure to try and keep them from doing so. (Breaking news during today's program, for example, includes a federal judge finding Trump's accounting firm Mazars must turn over Trump's financial documents as lawfully subpoenaed by Congress, despite a lawsuit from Trump attempting to block them from doing so; and news that the White House has now ordered former White House Counsel Don McGahn to defy a Congressional subpoena requiring him to testify to the House Judiciary Committee on Tuesday.)

The other reason many Republicans in Congress feel no need to hold Trump to account is that the GOP's extreme partisan gerrymandering in state after state following the 2010 census has resulted in members of Congress who feel --- with no small amount of justification --- that they cannot be removed from office by voters in a general election. The radical imbalance of such obscene district maps have resulted, for example, in Democratic House candidates winning almost 50% of the vote last year in North Carolina, but ultimately taking just 3 of the state's 13 U.S. House seats. In Ohio, essentially 50/50 splits by voters for members of Congress have resulted in just 4 of 20 seats going to Democrats, year after year, over the past decade. We've similar stories in other key states such as Wisconsin, Maryland and Pennsylvania, with courts finding House Districts and state legislative districts alike to have been unconstitutionally gerrymandered, and orders by federal courts to draw new, fairer maps repeatedly blocked by the GOP's stolen U.S. Supreme Court.

That decade-long scam, as our guest today, DAVID DALEY of FairVote argued last week at New Republic, is precisely why GOP-controlled state after GOP-controlled state in recent weeks, have been able to adopt radical, extremist and even unpopular anti-abortion restrictions. Daley, author of the book RATF**KED: The True Story Behind the Secret Plan to Steal America's Democracy, lays out his argument, updates us on the recent partisan gerrymandering cases in North Carolina and Maryland now before SCOTUS (with a ruling due next month), and why, as he argues, the fight for fair maps, fair elections and democracy itself "is not going to be saved in this country by any given election," but needs to be "engaged and fought every single day" as we are now in "a war for the future of this country"...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

It seems that even Republicans in Florida have finally been forced to notice/admit what we've been pointing out about the 2016 election for years now. And our guest on today's BradCast, a longtime county elections chief from the Sunshine State, is none too happy about any of it. He offers several serious-as-a-heart-attack warnings about 2020 in the bargain. [Must-listen audio link to show is posted at end of article.]

But, first up today, the nation and world continue to pay a dangerous and painful price for whatever did or didn't happen that resulted in the election of Donald Trump in 2016. The Administration continued to ratchet up their threats of war against Iran on Wednesday by ordering all nonessential U.S. Government staff out of Iraq, citing unspecified and publicly unsupported claims of threats from Iran. The face-off clearly comes from Trump's ill-considered decision to pull out of the 2015 Obama Administration-brokered, seven-nation nuclear agreement which had effectively ended Iran's nuclear program. Though even the Trump Administration conceded Iran has been faithful to the anti-nuclear pact, Trump withdrew the U.S. and re-imposed crippling sanctions. He's now threatening war, for reasons that nobody seems to understand, and has deployed war ships and bombers to the tinder-box region.

Back at home, Trump's stolen U.S. Supreme Court has inspired dozens of new anti-abortion laws in state after state. On Wednesday, Alabama Gov. Kay Ivey signed the most draconian measure yet, a bill that would outlaw almost all abortions, including in cases of rape and incest, while jailing doctors who perform the (currently) Constitutionally-protected procedure for up to 99 years. The new law, adopted on Tuesday by the male-dominated state Senate and signed less than 24 hours later, would not only force women to carry the child of their rapists, it could also penalize doctors more harshly than the rapists. The ACLU has vowed to challenge the law which would require even pregnant 11-year old rape victims to carry their baby to term.

In North Carolina on Tuesday, Republican primary voters selected their candidate to run against Democrat Dan McCready in the do-over election for the state's 9th U.S. House Congressional District after the Republican candidate and Baptist Minister Mark Harris was discovered to have hired a GOP contractor who carried out a massive Absentee Ballot Fraud Scheme last November. The 10-candidate GOP primary resulted in hard-right, Trump-loving state Senator Dan Bishop being selected to run against McCready in September's do-over election. Bishop is the author and lead sponsor of NC's infamous 2016 law restricting bathroom access for transgender people.

But, as the nation and world continue to pay the price for Trump's nightmarish Presidency, new questions emerge (or, at least, are finally being noticed by Republicans) regarding his own supposed 2016 election victory. On Tuesday, Florida's new Republican Governor Ron DeSantis acknowledged the FBI notified him that election systems in at least two different Florida counties were infiltrated by by Russian intelligence in advance of the 2016 election. He says the FBI has barred him from publicly stating which two counties those are.

The news comes on the heels of similar (and similarly vague) allegations detailed in the redacted Special Counsel report [PDF] from Robert Mueller (see Volume II, page 50, "Intrusions Targeting the Administration of U.S. Elections"), as well as public claims in 2018 made by Florida's then Democratic U.S. Senator Bill Nelson. Nelson's assertions about Russian access to the state's elections systems were publicly ridiculed at the time by then Gov. Rick Scott and other GOPers, even though Florida's Republican U.S. Senator Marco Rubio was told about the same information at the same time as Nelson in the Senate Intelligence Committee. Scott would go on to narrowly defeat Nelson for the Senate seat in 2018 and Republican DeSantis is said to have narrowly edged out Democratic gubernatorial candidate Andrew Gillum on the same day. Both races were so close they resulted in unprecedented statewide "recounts".

However, as our guest today, 30-year veteran Leon County, FL Supervisor of Elections ION SANCHO explains, "recounts" in Florida amount to little more than running the same paper ballots through the same optical-scan computers which tallied them --- either correctly or incorrectly --- in the first place. Sancho, the legendary elections chief in Tallahassee, the state's capital, was so well-respected by all sides that he was tapped in 2000 to oversee FL's notoriously aborted Presidential recount that year. He is furious today about DeSantis' announcement, the secrecy behind which are the counties that were penetrated (he retired after the 2016 election), and explains that he was lied to by the FBI when he was told, during a then confidential conference call with Bureau officials in 2016, that "no county had been hacked" in the run-up to the election.

"The Justice Department has continued to obfuscate and lie about this situation from the very beginning. I was on a confidential call on September 30, [2016] in which all 67 election officials here in this state, and the state election officials, were informed by the FBI that no county had been hacked. The state hadn't been hacked. They told us that. And we now know, from the documentation that's been released through The Intercept and Mueller, that was false. We now know from the documentation, some time in early August [of 2016], the successful penetration occurred."

Sancho also now questions whether there were more than two counties penetrated and says he has no reason to trust the claims by either DeSantis or federal officials that election results were unaffected by the attack. "Here's the crazy thing about it," he tells me, "the Russian GRU knows which counties they've penetrated. The only people that don't know are the election officials and the citizens and voters of the state...it's time the American citizenry, particularly Floridians, figured out that information."

He also hails NSA whistleblower Reality Winner as a "heroine" for alerting the world to documents revealing that the Russian GRU had penetrated elections systems in Florida (and possibly elsewhere) via coordinated spear-phishing attacks that allowed them access to voter registration and website election results reporting systems made by VR Systems, a private election systems vendor with contracts in dozens of U.S. states. Winner is currently serving 5 years in federal prison for having leaked those documents to The Intercept in 2017.

Sancho demands to know "why Homeland Security decided to keep critical information from state and local election officials" for so many years. "Why weren't we told?" He also furious at Rubio and other Republicans for their treatment of Nelson when he tried to blow the whistle himself last year. "Nelson was vilified as being old and senile for saying such a ridiculous thing. And actually he was right...And quite frankly, the individual whose stock falls in my eyes is Senator Rubio, who confirmed what Sen. Nelson said, only after the election. He could have told the truth, and said that Sen. Nelson is raising a valid point. He kept his mouth shut. He put his party over this nation, and we are poorer for it today."

As to the security of the state's election systems as we head into 2020, he warns that "Florida is not well protected," adding a chilling note: "You do a reconnaissance before a major attack," he tells me, "and I don't think we've had the major attack yet."

Sancho has plenty more to say regarding Florida's move to unverifiable computer-marked paper ballots in advance of the upcoming Presidential election, and much more that I hope you'll click below to tune in for. There's simply too much to fully summarize here.

But one last point for now. Sancho also offers his thoughts today on the recent measure passed by GOP state lawmakers to undermine Florida's Constitutional Amendment 4 which was adopted by nearly 65% of statewide voters last November, allowing some 1.5 million former felons in Florida who have completed their prison sentences as well as all parole and probation, to have their voting rights restored. The new GOP measure, which awaits DeSantis' signature, would bar those newly-eligible voters --- including more than 20% of the states African-American voting-age population --- from registering to vote unless all court-imposed fines and fees are paid.

"What the Republicans did was reprehensible," Sancho rails, arguing that the bill contradicts "the overwhelming, clear language" of the statewide constitutional ballot measure. Many have described the new GOP bill as a poll tax. Sancho calls it more "cash register justice", as it will allow those with money to vote, but not those without. "This is clearly restricting the right to vote based upon who can afford to pay. Jim Crow has been reestablished in Florida."

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

Our guest today, the former U.S. House Judiciary Committee's longtime General Counsel warns on today's BradCast, that we are already in the midst of a Constitutional Crisis and that what is happening now is far worse than anything he ever encountered during his many years in that post, even during the then-unprecedented corruption of the George W. Bush Administration. [Audio link to full show is posted below.]

But first up today, some good news and bad for voters before 2020 out of two key battleground states. In Ohio, the good news is that a three-judge panel of federal judges on Friday unanimously found the Buckeye State's Congressional maps to be an "unconstitutional partisan gerrymander" and has ordered, via its 301-page ruling [PDF], for new maps to be drawn for use before the 2020 elections. The panel of two Dems and one Republican-appointee determined that the state's GOP-led legislature packed the majority of the state's Democratic voters into just four districts after the 2010 Census to guarantee Ohio's Congressional legislation would retain a 12 to 4 GOP advantage. Republicans have successfully held 75% of that delegation over the past decade despite receiving just more than half of the state's Congressional votes.

State Republicans vow to appeal, as the nation awaits next month's opinion from the U.S. Supreme Court on similar partisan gerrymandering cases in North Carolina and Maryland. A three-judge federal panel last week in Michigan similarly ordered new maps there before 2020 after finding GOPers in that state used a similar tactic to disenfranchise voters. Unconstitutional GOP partisan gerrymanders were also determined by federal courts to have been in place in Wisconsin and Pennsylvania for the past decade.

The bad news for voters today comes from Florida today, where the state's GOP-dominated legislature has adopted a bill to undermine Amendment 4, the landmark ballot measure voters adopted by nearly 65 percent last November to restore voting rights to some 1.5 million former felons in the state who had completed their sentences as well as all parole and probation. Passed along party lines, state lawmakers changed the definition of sentencing to include the payment of all court-imposed fines and fees. The result: Those former felons who have money will be able vote, those who do not, won't. Once signed by the state's Republican Governor, as expected, lawsuits will almost certainly be filed by voting rights advocates to challenge the new law that appears to rewrite Amendment 4 which had ended Florida's shameful lifetime ban on voting by former felons, including more than 20 percent of the state's African-American population.

Next, we are looking for answers today about what is happening and what may come next as the Trump Administration and its new Attorney General and "fixer" William Barr harden their obstruction of all Constitutional oversight by Congressional Democrats. We are joined today by attorney TED KALO, a 14-year veteran of the U.S. House Judiciary Committee, where he served as General Counsel for his last 10 years there before leaving for private practice in 2011. Our conversation comes on the heels of Barr's astonishing testimony before the Republican-controlled Senate Judiciary Committee on Wednesday and his refusal to appear before the Democratic-majority House Judiciary on Thursday. That, after the Dept. of Justice's failure to respond to a Wednesday subpoena deadline from the House panel to turn over a full, unredacted version of Special Counsel Robert Mueller's report and its underlying evidence, and after revelations that Barr appears to have lied to Congress in previous testimony concerning Mueller's view of Barr's public representation of the report's conclusions during the month before Barr finally released a redacted version.

Kalo tells me what is likely to happen next if Barr misses a final Monday deadline, offered in a good faith, last attempt letter sent by House Judiciary Chair Jerrold Nadler on Friday in hopes of avoiding contempt proceedings against the nation's top law enforcement official.

The reason why Barr supposedly skipped Thursday's House hearing was because the Committee had determined to allow staff counsel from both parties to question the Attorney General along with members, which Kalo says is "not unusual at all". He cites, for example, a similar practice carried out by Republicans "during one of the many investigations of Hillary Clinton's emails," and notes that it is "not uncommon historically" for Congressional committees to use staff attorneys for questioning witnesses.

Kalo details the two possible legal paths should Barr, as expected, continue to refuse to cooperate with the Committee and is found in contempt, including a civil litigation path in federal court, which could take months or years to resolve (though Kalo says there are grounds for courts to hear these matters on an expedited basis) or Congress finding Barr in "inherent contempt". In the latter case, he explains, the House Sergeant-at-Arms could be dispatched to arrest and detain the Attorney General. (Kalo also offers a definitive answer about the jail long said to be available at the Capital Building for such matters.)

"While it's frustrating as hell to watch this play out --- it's so obvious what's going on in plain sight --- as a matter of the goal of getting the information, Congress has to proceed cautiously because of its limited options for enforcing subpoenas," Kalo tells me. Therefore, he explains, Nadler is "bending over backwards to show that he tried his hardest to reach an accommodation with the Executive Branch, with an eye towards future litigation" where the court will see the Administration as "recalcitrant and unreasonable" and find in favor of the Dems.

Among the many other questions answered and/or explained by Kalo, he offers insight into my concerns about whether many of the long-established court precedents that appear to make Trump's legal arguments to block a number of subpoenas look ridiculous could actually be overturned by Trump appointees to the federal bench or even the GOP's stolen majority on the Supreme Court. "I think you're right," he says. "We have a federal judiciary that's been packed by people who start with the political result they want and then work the legal reasoning backwards. I think it's a valid fear that the courts won't follow longstanding precedent," before adding optimistically, that he believes the courts will follow precedent in many of these matters.

I also get his thoughts on Barr's remarkable testimony before the Senate on Thursday, arguing that a President has a legal and Constitutional right to shut down or obstruct a federal investigation looking into his own potential crimes if the President believes, on his own, that he has been unfairly accused. Yes, Barr actually made that argument under oath this week. Kalo calls the theory "ridiculous" and says, "I know of no legal authority for what the Attorney General was saying, and it defies reason." He goes on to explain why.

Finally, he concludes with a chilling note. "It can't be understated that we're in a Constitutional crisis. We're trying to respond to things that we never expected to occur from a President of the United States," Kalo argues, adding that, as dark as those years were when he served as General Counsel for the House Judiciary Committee during the George W. Bush years, what is happening now is worse --- "by far."

I wholeheartedly recommend you tune in for today's complete conversation, as there was much more than I am able to adequately summarize here...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

We're happy to have the long-overdue return of great legal journalist MARK JOSEPH STERN of Slate on today's BradCast! As usual, we cover a whole bunch of important topics at lightning speed [Audio link to today's show is posted at end of article.]

But first, some quick news headlines on the record flooding of the Missouri River now wreaking havoc, evacuations and several deaths in parts of Nebraska, Iowa and Missouri. Damage has also affected a number of military bases, despite Donald Trump's recent plans to form a "Blue Ribbon Commission" of climate science deniers to rebut military assessments about the serious dangers of climate change posed to national security and military facilities.

Also, some interesting background info today on 2020 Democratic Presidential primary candidate Pete Buttigieg, Mayor of South Bend, Indiana as well as his position on climate change and the Green New Deal. And, some news today that recently-declared 2020 Presidential hopeful Beto O'Rourke raised a jaw-dropping $6.1 million in the first 24 hours after entering the race last week, exceeding Bernie Sanders' previous record haul of $5.9 million a few weeks earlier. Both candidates blew away all other current Democratic contenders so far with those numbers --- for what it's worth.

Then, we're joined by Stern to catch up on a boatload noteworthy legal issues moving through the federal and state court systems. Among them...

The 5th U.S. Circuit Court of Appeals, late last week, upheld lower court rulings ordering a State Senate district in Mississippi found to have been a racial gerrymander to be redrawn before the state's off-year 2019 elections. That, as the U.S. Supreme Court today heard a confusing oral argument regarding 11 racially gerrymandering districts in Virginia, where lower courts have already ordered new maps to be drawn in advance of 2019 state legislative elections likely to determine whether Democrats regain majorities in either or both chambers of the state legislature.

And all of that comes in advance of a SCOTUS hearing next week regarding partisan gerrymanders in several others states before the 2020 elections, when control of both Congress and many state legislatures will be up for grabs before the redistricting that will follow the 2020 Census to help determine balances of power in all 50 states and Congress for the next decade.

Stern describes all of this as the nation finding itself in the middle of an all-out "gerrymandering brawl...a kind of legal convulsion over how much our lawmakers can draw partisan district lines to swing elections in their favor." He cautions that racial gerrymanders --- long ago found to be unconstitutional --- may not be found as such anymore in the GOP's new, stolen Court. And that the question of partisan gerrymandering, which Justice Anthony Kennedy could have ended before retiring, is now a complete unknown. "The whole thing is upside-down, inside-out," he tells me, warning to "be afraid. Be very afraid" of Justice Clarence Thomas' varying and bizarre "back and forth" positions on these matters.

Stern offers slightly better news for us regarding the last-ditch appeal of a previously blocked law created by disgraced GOP "voter fraud" fraudster Kris Kobach, the former Sec. of State of Kansas and failed 2018 Republican Gubernatorial candidate. That law, repeatedly found by lower courts to be unconstitutional, had blocked tens of thousands of legal Kansas voters from being able to register to vote without presenting proof of citizenship first. All, as the trial court judge found in 2016, to prevent what amounted to 11 votes by non-citizens cast between 1999 and 2013 out of tens of millions of votes cast by the state's 1.76 million registered voters.

Meanwhile, in Connecticut late last week, the state's Supreme Court made what Stern describes as a "stunning" ruling in a suit brought by parents of children killed in the 2012 gun massacre at Sandy Hook Elementary School. The case is filed against gun manufacturer Remington, makers of the Bushmaster AR-15 style weapon used to gun down 20 school kids and 6 adults. The court held, as Stern explains, that plaintiffs may move forward with their suit against the company, despite a unique federal law that otherwise grants completely immunity to gun manufacturers for the use of their deadly products. The suit is being brought under a state statute which, plaintiffs argue, allows them to sue Remington for irresponsibly dangerous advertising of the Bushmaster rifle. The state high court's ruling will now allow the case to continue and for plaintiffs' important discovery access to internal communications by the manufacturer, the gun industry and its advertising firms.

We also discuss a recent disturbing ruling from the 6th U.S. Circuit Court of Appeals on an Ohio state GOP law that blocks all funding to Planned Parenthood. Stern describes the ruling as a foreboding omen for what he sees as the likely full dismantling of Roe v. Wade at SCOTUS, already under way, he charges, by "a thousand cuts" at the lower court level in several states where Trump appointees are quickly filling vacancies on federal benches.

And, finally, the most important issue of all today (obviously): "The evils of Standard Time", the awesomeness of Daylight Saving Time, and those who are completely wrong in hating it, as well as the many, as Stern recently reported, who do not seem to even have an understanding of what it is! (Versus Standard Time that actually ruins everybody's lives for months on end by keeping us all in dangerous and debilitating darkness all winter long!)...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

No, we're still not done with the 2018 elections on The BradCast, even as we begin to turn towards the hell that awaits in 2020...because someone's got to. We've got several follow-up stories today, and some new ones. All of them maddening for those of us who believe in fair and overseeable public elections. [Audio link to today's show is posted below.]

First today, an update to a story we covered in detail yesterday. Florida's new Republican Governor Ron DeSantis recently suspended the elected Palm Beach County Supervisor of Elections, Susan Bucher, falsely charging the 10-year elections official --- one of the most knowledgeable and respected in the nation --- with "incompetence". Her suspension followed on another by Rick Scott, the previous Republican Governor, of the Supervisor of Elections in Broward County. In both cases, the officials in two of the most Democratic counties in the closely-divided swing-state have now been replaced with Republicans in advance of 2020. These are extraordinary partisan power grabs.

While Bucher had vowed last week to fight her suspension, about an hour after we got off air yesterday she decided to resign rather than challenge her case to the partisan GOP-controlled Florida state Senate, her only option under state law. Here's the full statement [PDF] on her decision to resign that Bucher sent me earlier today.

An outrageous decision by Republicans in Iowa's state legislature on Monday illustrates a similar concern in the Hawkeye State. There, Republicans in the state House of Representatives won a party-line vote to reject 29 absentee ballots cast in an Iowa state House race last November that was reportedly won by the Republican candidate by just 9 votes out of more than 14,000 cast. The unopened ballots in question were missing a postmark --- the Postal Service acknowledges they don't always postmark absentee ballots --- but had barcodes on the envelopes confirming that the ballots were sent and received by the Post Office in time to be included in the tally. Nonetheless, GOP state lawmakers refused to open the ballots and include them in the count, denying the voters their right to vote and ensuring the 9 vote "victory" by the incumbent Republican Rep. Michael Bergan, The Democratic candidate who filed the election challenge, Kayla Koether, says she's considering a lawsuit with some of the voters in response.

Speaking of rejected challenges, we're joined once again today by MARILYN MARKS of the Coalition for Good Governance for several maddening updates to at least two election cases that her organization has filed in Georgia. One, which we initially covered with her when it was filed last year, is an election contest to the results of November's Lt. Governor's race. That contest featured an inexplicably huge undervote rate, but only in that race (not in any other races much farther down the ballot) and only on the state's 100% unverifiable touchscreen voting systems (the undervote rate was as expected, in line with other contests, on hand-marked paper ballots sent via mail or at the polls during early voting in the some race.)

That contest, however, was recently dismissed in an remarkable ruling by Cobb County Judge Adele Grubbs. She found the plaintiffs offered no evidence that votes were cast illegally or that legal votes were rejected, after refusing to allow discovery that would have permitted an expert forensic investigation of the state's unverifiable, easily-hacked, oft-failed touchscreen voting systems. Marks' organization is now appealing Grubbs' ruling to the state Supreme Court and is hopeful the higher court will allow the discovery investigation that was denied, but that voting systems experts say is warranted.

Marks says the Secretary of State's office refused access the systems and the judge "forced us to go trial without the first shred of discovery, which is our legal right to have. She also denied our right to a jury trial. So the state and the court has nailed the doors shut to make sure that we don't get to find out what is behind this clear machine misprogramming, defect, malfunction, whatever it is."

At the same time, Marks has also been leading the charge in an uphill battle against former GOP Sec. of State, now Governor Brian Kemp and his Republican successor Brad Raffensberger to replace the state's unverifiable touchscreen voting systems with hand-marked paper ballots. Computer scientists and voting systems experts strongly recommend such systems [PDF], along with voters in the Peach State who have spoken out loudly and clearly in favor of hand-marked paper ballots.

And yet, the private voting system vendor lobbyists, elections officials and elected state Republicans continue to call for newly designed and expensive unverifiable touchscreen systems which produce a barcoded ballot summary card instead of a verifiable record of voter intent. It's impossible to carry out legitimate post-election audits of computer-marked ballot summaries. Nonetheless, jurisdictions around the nation --- counties in Pennsylvania, Ohio, Texas and even Los Angeles County, not to mention the the entire state of Georgia --- may soon be voting on such unauditable, unverifiable systems in the 2020 Presidential election, unless they can be stopped.

"There is just no reason that such machines should be legal in this country, given what we know now about the dangers of electronic voting," Marks tells me, while noting that computer Ballot Marking Devices (BMDs) cost about three times as much as hand-marked paper ballots systems. "There's too much money involved, and therefore a lot of people are not looking at what's best for the state. I'll just say it that way. Too many people have probably received too many favors."

"Unfortunately, for some of the decision-makers, having an unauditable system is a feature, not a bug," she opines, while remaining hopeful that "people are catching on" that a barcoded ballot system is not the same as a verifiable hand-marked paper ballot system, despite how elections officials are misleading voters around the country.

Finally today, speaking of 2020, Desi Doyen joins us with the latest Green News Report as Democratic candidates begin taking positions on a "green new deal", as hundreds are dead or missing in a mining dam collapse in Brazil, and as a powerfully frigid Arctic polar vortex descends on much of the U.S. (thanks, in no small part, to climate change)...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast, I'm in for Brad and Desi --- popping in here from my own show, In Deep with Angie Coiro.

So much for a budget compromise - although we really didn't expect one, did we? Ah well. The Dems are counting noses for January 3rd.

Hey, about that "discredited" dossier: not so fast. McClatchy has the tip that Michael Cohen was too in Prague, and that Robert Mueller knows it. Over at the Washington Post, Philip Bump explains exactly how heavy a domino this is - if it's true.

A bit more of the news roundup, then MARK KASTEL of Cornucopia explains a terrible trend --- why America's organic farmers are not only fleeing the business, but in some cases taking their own lives (more on that latter herefrom the Guardian).

Our conversation grew out of this column by his friend and colleague Jim Goodman, who's owned a family dairy farm for forty years. He knew the name of every one of his 45 cows. The reason he quit --- the reason so many are throwing in the towel --- is a complex tale of inadequate labeling, Big Ag masquerading as small producers of genuinely organic products, and the resulting glut of milk and produce that strangles the little guy.

Hang on to these handy-dandy scorecards, telling you which producers of eggs, dairy, grains, and more are truly organic and responsibly produced.

Finally --- in light of the White House occupant preening and playing the hero on his campaign swing through Iraq --- I bring you a genuine hero telling his own tale: JAMES HATCH, author of "Touching the Dragon" --- a heartily-recommended read...

Download MP3 or listen online below...

Nearing the final stretch, voters fight to overcome suppression; a few potential nightmare scenarios for Election Day voting preview themselves as Early Voting wraps up; and we look at a number of Secretary of State contests on Tuesday that could have big (and good!) consequences for voting rights before the 2020 Presidential election.

Among the stories covered on today's BradCast [Audio link to show posted below]...

Internet outages across Wisconsin are causing problems for voters hoping to get information on candidates and polling places from the state website. And voters in Rutherford County, Tennessee were unable to vote for an hour on the final day of Early Voting, due to the reported failure of a "primary data storage system" in the county that left polling places unable to verify registrations on electronic-pollbook systems which access voter files across the Internet. These situations, including reliance on the Internet voting at the polls, would result in havoc if they occur next Tuesday. What could possibly go wrong?

A federal judge in North Dakota denies an emergency motion filed by Native American voting rights groups to lift the state's new law requiring street addresses on IDs. Thousands of Native Americans living on reservations do not have such addresses. The George W. Bush-appointed judge claims federal precedent bars most last minute changes to election laws in order to avoid chaos, though the U.S. Supreme Court allowed the new GOP law to stand just weeks ago, despite it having been stayed during the state's primary in June (by the same judge). Chaos has reigned ever since, as tribes scramble to assign addresses and print new IDs, and the GOP Secretary of State refuses to say whether those new addresses will be accepted for voting purposes on Tuesday;

Georgia's Republican Secretary of State and gubernatorial candidate Brian Kemp loses again in court, as a judge rules he may not bar thousands of voters wrongly flagged by the state as non-citizens from voting on a normal, non-provisional ballot, when they present documents proving their citizenship at the polls.

Then, we're joined by Mother Jones' voting rights journalist ARI BERMAN to discuss his recent New York Times article on the extraordinary voter suppression playing out across the country in several GOP-controlled states, and a potentially available antidote for some of those problems before 2020: electing Secretaries of State who will expand the right to vote rather than restrict it.

Berman, author of Give Us the Ballot: The Modern Struggle for Voting Rights in America, details a number of Democratic candidates who could pick up SoS offices next week in several key states, including Iowa, Ohio, Michigan, Georgia and others where Republicans currently enforce (and abuse) voting laws. Of course, voters will have to overcome voting roll purges and other suppression methods at the polls on Tuesday in order to see those important changes before 2020.

He suggests the scope of the suppression we're seeing this year is broader, because "it's happening in so many states," in no small part because there are "a lot of elections in states that normally aren't competitive." Add to that bad laws in many of those states which have "created a really toxic combination for suppression."

Much of it, Berman explains, would have been blocked from ever happening, had the U.S. Supreme Court not gutted Section 5 of the Voting Rights Act in 2013. "Texas, Georgia, a bunch of these Southern states, basically they kind of feel like they can do whatever they want. You can try to stop them if you want, but they don't have to worry about the federal government or the Voting Rights Act anymore" when it comes to federal preclearance for racially discriminatory laws.

"If Democrats are able to take back Governor's seats and Secretary of State races, and all of these other important down-ballot offices in key states, they can do the reverse. They can start passing things to expand voting rights, and that sort of takes the Supreme Court out of the ballgame somewhat," he tells me, before we wade through some of the currently held GOP Secretary of State seats that may see Dem takeovers this year, and in some surprising places. "I hope all this focus on voter suppression --- because it's been getting a lot more coverage in 2018 than 2016 --- will actually lead to some changes in policy, especially if some of these key states flip."

We also discuss some of the initiatives on the ballot next week in several states that could dramatically help to expand the electorate, make registration easier, and end partisan gerrymanders entirely in some states.

Finally today, third-party candidates pull out of two different closely watched and very tight U.S. Senate races in Arizona and Montana. That's likely good news for Democrats in one state, good news for Republicans in the other. But, in both cases, those former candidates will remain on Tuesday's actual ballot, since they dropped out so late in the game...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast: Nobody said it was going to be easy. But the fight to vote in next Tuesday's crucial midterms continues, and beyond the House and Senate, there may be some very good news for Democrats in dozens of currently GOP-controlled states. [Audio link to show follows below.]

But first up: More trouble at the polls today reported out of Texas, where voter intimidation is said to be higher than seen in decades; In Georgia, where voters are still trying to overcome suppression in absentee Vote-by-Mail voting in DeKalb County (suburbs east of Atlanta) and with failing, unverifiable voting machines at all polling places across the state; And in Illinois, where voters are also reportedly encountering failures on DuPage County's similarly unverifiable touchscreen voting systems in the Chicago suburbs.

Meanwhile, there's been a fair amount of coverage of high profile gubernatorial races with Democratic takeover chances in Florida and Georgia (where Oprah is now lending a hand), and in a number of the similarly tight U.S. Senate races that will determine partisan control of the upper chamber in Congress for the next two years. But there has been far less national coverage of several other gubernatorial contests around the country where Democrats are also in very close "Toss Up" contests to take control of dozens of executive mansions.

These races are crucial not only between now and the next Presidential Election, but could well determine control of the U.S. House over the next decade. That's right. The way voters vote on Tuesday, November 6, 2018, may well help determine who is in charge of the U.S. House beginning in 2022, once redistricting takes place around the country following the 2020 Census --- and then for another ten years thereafter!

While Dems hope to win a majority in the House next week, control of Governorships by Democrats in a number of key swing states could help add anywhere from 15 to 30 more winnable seats in the U.S. House over the next decade, according to experts.

Political reporter DYLAN SCOTT of Vox.com joins us to detail which states will be most important to that decennial reapportionment and why state Governors are so crucial to the process.

"Republicans won a lot of governor seats in 2010," he explains. "That gave them a lot of control over redistricting in 2011. And even though in 2012, 2014 and 2016, the Democrats actually won more votes for their House candidates across the country, the maps were drawn as such that Republicans were still able to hold a majority for all of the last decade. I think the stakes should be pretty clear to people after what we've seen with GOP control across the country over the last ten years," Scott argues. But are they? We discuss.

Also, Scott breaks down what appears to be a host of very good opportunities for Democrats in more than a dozen states beyond Florida and Georgia, currently controlled by GOP Governors, including Michigan, Wisconsin, Ohio, Iowa, Kansas, New Mexico, Maine, Alaska and even South Dakota! We cover a lot of ground on this today --- along with the politics and polling involved --- and much of it should be very encouraging for Democrats.

Finally, Desi Doyen joins us for the latest Green News Report, with news on some potential accountability for Donald Trump's corrupt Interior Department Secretary Ryan Zinke, more disturbing indications that the effects of global warming will be much worse, much sooner than previously thought, and more related news underscoring why Tuesday's election is so crucial to the existential fight against man-made climate change...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

We work hard on today's BradCast to stay focused on the crucial upcoming elections, even as Brett Kavanaugh's cavalcade of shame continues in D.C. [Audio link to full show posted below.]

Senate Republicans intensified their push for a floor vote as soon as possible, even as reports persist that the FBI is either refusing or failing to interview dozens of witnesses in their supplemental background probe of Kavanaugh following sexual assault against the U.S. Supreme Court nominee. At the same time, former classmates and clerks of Kavanaugh are retracting previous support for him, and three key Republican Senators (Flake, Collins and Murkowski) gently rebuked Donald Trump on Wednesday for mocking Kavanaugh's first accuser, Dr. Christine Blasey Ford, at a campaign rally in Mississippi on Tuesday night.

Amidst that circus, it's no easy feat to stay focused on the crucial upcoming midterm elections. But we try. And so are an extraordinary number of Americans. Today we learn that last week, on National Voter Registration Day, more than 800,000 signed up to vote, stunning organizers and smashing the previous record of 771,000 who registered on National Voter Registration Day in 2016, before the Presidential election.

But, even with all of the apparent enthusiasm, will all of those new and previous voters be allowed to vote this year? If so, will their votes be counted, tallied accurately, and in a way that the public can know they have been tallied accurately? In recent days, corporate media --- right on schedule --- has suddenly begun to churn out articles questioning the accuracy and security of our wildly insecure and frequently inaccurate electronic voting and tabulation systems...once its largely too late to do much about any of it, just weeks before an election. (That, of course, is why we have been trying to do so year 'round over the past 15 years!)

The corporate election vendors who have been allowed to privatize our public elections with systems that have long ago (over a decade ago) been found to be easily hacked --- and which have failed in election after election --- continue to sell their flawed systems to officials and offer false claims about security to the public.

One of those companies, Election Systems & Software, LLC (ES&S), the nation's largest voting system vendor, has now threatened a lawsuit against a small, non-profit election transparency organization which has been fighting to encourage election officials to take advantage of a security setting available on newer models of paper ballot scanners made by ES&S and others. The group, AUDIT-USA, has been sent a cease and desist letter [PDF] by ES&S corporate attorneys objecting to the organization posting user manuals for their scanners that capture digital images of ballots when they are scanned. The group has been working to encourage states and counties to make sure those which use the newer systems have them set to retain all such ballot images so they can potentially be reviewed by the public after an election. That, in lieu of the public being allowed to examine paper ballots themselves in order to assure unverified computer-tabulated results are accurate.

We're joined today by long-time election integrity champion EMILY LEVY of AUDIT-USA and their long-time election attorney CHRIS SAUTTER of American University, to discuss the ES&S threat letter sent to the group last week, charging copyright infringement for making their instruction manuals available to the public. The letter, as we discuss, fails to even cite security concerns. Levy notes the irony in this case, given that AUDIT-USA is actually supporting the newer ES&S systems for their security feature that many election officials appear unaware of.

"What we've found from talking to election officials around the country is that a lot of them don't really understand the systems that they're using in their own counties," Levy tells me. "They don't understand why they need ballot images when they have the paper ballots. And they don't understand that, in order to preserve the ballot images, all they need to do is not change the settings that the machines come with. The default settings on the machines are to preserve the ballot images, and it's only by having someone --- whether a vendor working for them or elections officials themselves --- changing those settings that the ballot images get destroyed.

"So we want people to understand both the importance of the ballot images and preserving them --- that it's legally required to preserve them, just as it is to preserve all election materials. And that's it's not a difficult thing to do."

Sautter argues the information in question, as posted to their website, is in the public interest and, therefore, falls under the Fair Use Doctrine. "Cease and desist letters like the one that ES&S sent AUDIT-USA are a common form of intimidation," he says. "These companies have a lot of money, and sometimes they figure, well, we can overpower them, we'll file this lawsuit and we'll try to break this little non-profit in attorneys fees and we'll set an example."

As we also discuss, threats of lawsuits by voting system vendors against voting system experts and computer scientists have been going on for years (here's The BRAD BLOG exclusive from 2008 that I cite on the show), even as tax payers continue dolling out billions of dollars to these shameless and irresponsible private companies...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

Follow @GreenNewsReport...

(Or use "Click here to listen..." link below.)

IN TODAY'S RADIO REPORT: The impacts of Hurricane Florence ain't over yet, with new evacuations underway; As predicted, Florence flooding spills toxic coal ash waste in North Carolina; National TV media failed to connect the dots between Florence's impacts and climate change; PLUS: Endangered species and more hang in the balance as Republicans rush to get their nominee onto the U.S. Supreme Court... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): Kavanaugh confirmation fight is also about the future of economic and environmental regulations; At this rate, Earth risks sea level rise of 20 to 30 feet, historical analysis shows; Hurricane Florence blows hole in Trump team's case for helping coal and nuclear power; ARPA-e seeks an energy holy grail: long-term energy storage; Super Typhoon Trami explodes in strength on its way toward Taiwan; Will Florence force a hog waste reckoning in N.C.?; Donald Trump called himself an environmentalist; Federal judge restores grizzly protections, canceling bear hunt; National parks are getting hotter and drier. What’s the outlook for 2100?... PLUS: The fracking industry's water nightmare is coming true... and much, MUCH more! ...

Before we get to our guest on today's BradCast, a number of news items (and that may be an understatement) of note. [Audio link to show is posted below.]

• First, the latest in the quickening collapse of the Trump Presidency, as his darkest week gets darker by the day, now including the Chief Financial Officer of the Trump Organization reportedly being granted immunity to cooperate with federal prosecutors in their ongoing probe(s) of all manner of criminality by Donald J. Trump and his 2016 campaign;

• Hurricane Lane is already wreaking havoc in Hawaii as it very slowly sweeps near the islands, dumping catastrophic amounts of rain (35 inches in 48 hours on the Big Island!) in its wake; And, speaking of Hawaii, listeners answer our call in response to a question we had yesterday regarding a slang Hawaiian term used by Sen. Mazie Hirono's (D-HI) in cancelling her planned meeting with Trump's U.S. Supreme Court nominee Brett Kavanaugh, charging that "an unindicted co-conspirator in a criminal matter, does not deserve the courtesy of a meeting with his nominee --- purposely selected to protect, as we say in Hawaii, his own okole";

• Senator John McCain's family announced on Friday that he will no longer accept medical treatment in his year long battle against terminal brain cancer. We discuss, a bit, what that could mean for Trump's Supreme Court nominee in advance of Arizona's midterm primaries, with Gov. Doug Ducey (R), who would appoint McCain's successor, on the ballot next Tuesday. Also, we note, the President's appalling recent behavior towards the ailing Senator;

• In Ohio's 12th Congressional District, Troy Balderson (R) is finally officially declared the winner over Danny O'Connor (D) in the U.S. House Special election held nearly three weeks ago. Balderson is said to have won by a razor-thin 1,680 votes out of more than 200,000 votes cast on the 100% unverifiable touchscreen systems used on Election Day in the previously very Republican district. The margin is just over the amount that would have triggered an automatic, state-sponsored "recount". The two candidates will face off yet again in November's general election, when a number of factors, as we discuss, could tip the advantage to O'Connor;

• And, in Georgia, as we predicted on yesterday's BradCast, the Randolph County Board of Elections quickly rejected a proposal to shutter 7 of 9 precincts in the majority African-American county in advance of the November midterms. The scheme, which used the pretext of violations of the Americans with Disabilities Act (ADA), was proffered by a consultant hired by the County at the recommendation of GOP Sec. of State Brian Kemp. The plan had drawn national outrage in a year when Kemp is running for Governor against Stacey Abrams, who could become the nation's first female African-American chief of state;

Then, as the nation is justifiably distracted by a Presidency quickly spiraling out of control, his policies continue to move forward nonetheless, including this week's major new (if little covered) Trump EPA proposal to "repeal and replace" Obama's landmark 2015 "Clean Power Plan", which would otherwise reduce deadly and climate change causing emissions from coal-fired power plants with something the Administration is calling the "Affordable Clean Energy Rule". By the Administration's own admissions, the Trump scheme would lead annually to at least 1,400 premature American deaths over Obama's plan, and result in tens of thousands of news cases of respiratory illness each year.

CONRAD SCHNEIDER, former U.S. Dept. of Justice trial attorney and current Advocacy Director at the non-profit Clean Air Task Force and lecturer on Environmental Law and Policy at Maine's Bowdoin College, joins us to explain the dangers --- and coal-industry corruption --- of what he calls the EPA's new "Dirty Power Plan".

"Thousands and thousands of Americans would die prematurely under the Trump plan whose lives would have been saved under the Obama plan," Schneider warns. "And that's just the tip of a pyramid of health effects that include hospital visits, emergency room visits, asthma attacks, children missing school days and adults missing work as a result of the pollution that would occur here" in what he describes as "just the latest of [Trump's] efforts to try to resuscitate the coal industry."

But, he also cautions, "this political promise" to the industry "runs headlong into the requirements of the Clean Air Act" and so, Schneider predicts, the plan may well face problems in court, where he promises, "we'll be arguing that as much as they might want to throw a lifeline to coal, the Clean Air Act is not the appropriate venue to do that."

"What we are doing here is we are fiddling while the planet burns. We're fighting things in court, when we really don't have the time to waste," he tells me, as we discuss why it is that the Trump Administration's many attempts at reversing Obama Administration environmental protections --- from water rules, to chemical plant safety regulations, to the Keystone XL pipeline (to name only a few from the past few weeks) --- continue to be blocked, overturned or delayed, by one federal court after another...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

After a quick report on Saturday's primary elections in Hawaii (moderate Democrats did well, more progressive candidates less so), we head straight out to Las Vegas for today's BradCast, where the 26th annual hackers convention, DEF CON, held its 2nd annual Vote Hacking Village. [Audio link to show follows below.]

After every voting system on display at last year's event was hacked within minutes by conference attendees, organizers tried to make it a bit more difficult this year. They made unverifiable electronic voting systems, optical-scan paper ballot tabulators and electronic pollbooks from a number of companies --- almost all of which will be in wide use across the country once again for this November's crucial midterms --- available for investigation and penetration. Once again, the hackers in attendance made short order of pretty much all of them.

Stunning vulnerabilities [PDF] were discovered, including some that officials have known about (and ignored or tried to keep secret for years) while others were revealed for the first time. Things like Chinese pop song files were found on one system used in actual elections recently, along with a host of other disturbing findings, which we summarize today.

Other disturbing findings regard the ES&S m650, an optical scanner used to tabulate paper absentee ballots in more than half of the country. Hackers discovered several severe vulnerabilities (some of which have been known for more than a decade, and others which election officials hoped to withhold from the public), including the ease with which the machine's entire operating system can be overwritten by inserting a zipdrive with a file named "update" before powering it on. Also, electronic pollbooks were found to be corruptible in seconds and found to store unencrypted administrative passwords --- in plain text format! --- on their removable memory cards (one of which was simply "password".)

There was also a mock election run on the systems still used in states like Georgia. In that election, a candidate not even on the ballot ending up winning. In another case which officials should take note of, a ballot cast via email was intercepted and changed. "The selection of the candidate was changed so that when it was received it was different from what was sent," the organizers note. "This is a big deal for the real world because we already allow for email balloting, in special cases for Americans living overseas [such as active military]. This is allowed in 30 states plus DC."

Moreover, the Voting Village organizers also offered replicas of swing-state Sec. of State website available to some 50 children from ages 6 to 17. You'll be shocked to learn that most were able to hack the mock SoS websites in some fashion, including changing candidates names and parties, and tampering with reported elections results to show, for example, 12 billion votes cast. The fastest exploit of a Sec. of State replica site (Florida's) was by an 11-year old who did it in 10 minutes!

We're joined today to discuss all of this by Emmy-award winning journalist and documentarian LULU FRIESDAT whose video from last year's DEF CON Voting Village went viral (several times) since then, and who was on hand to document this past weekend's conference once again. She details the extraordinary "sea change" since last year's event, as many elections officials and U.S. Intelligence Community representatives were on hand for this year's festivities.

"What's really great about this year's Def Con is that we are starting to see a collaboration and communication between three groups that really have been working more as silos previously, and that is election officials, security experts, and hackers," Friesdat reports. "It was very deliberate on the part of the organizers, Jake Braun, Harri Hursti and Matt Blaze, to really try to bring those three groups together... Because we're not going to make progress on this issue unless these three groups start communicating with each other."

"We don't have a one-size-fits-all solution for this. Every county is going to have to have some different solutions. What we have are principles. And I think the principles remain the same. The principles are yes, every voter who can mark a ballot by hand, needs to mark a ballot by hand. And security experts across the board are really starting to say that, openly publicly."

"There is a sea change happening. You really could feel it. This year, there was an entire panel of election officials, whereas last year almost none of them actually came," Friesdat tells me, adding cautiously: "There are thousands of election officials all over the country who are still dragging their feet. You look at states like Georgia, and they are doing everything they can to stay in basically an unauthenticated election protocol. So it is a wide spectrum."

Among the noteworthy accounts from Friesdat, we discuss California Sec. of State Alex Padilla's call for more federal funding for election systems (meaning, more money for more computers) and Colorado Elections Manager Dwight Shellman who, though a fan of electronic tabulation, calls for routine post-election audits everywhere (which almost no states do at all.)

We also discuss the remarks at the conference by DHS Asst. Secretary for Cybersecurity and Communications Jeanette Manfra, who admitted last summer during U.S. Senate Hearings that the agency never found evidence that votes were changed in the 2016 Presidential election, in no small part, because nobody ever bothered to look! DHS never carried out any forensic investigations of voting systems, nor even bothered to count ballots to make sure they were accurately tabulated by counting computers in the election, despite the ongoing warnings by the Intelligence Community of Russian cyberattacks and interference. "Could it be done?," Friesdat asks rhetorically, "The answer, over and over and over again, is yes, it could be done. Election results could be manipulated. And is it difficult? No. It is a piece of cake."

While this year's DEF CON Voting Village was another huge leap forward in bringing concerns about all of these systems to the public, it appears we have a long way to go until American figures out the solution. I'd suggest that solution is public oversight of tabulation of hand-marked paper ballots (Not computers, but people! I call it "Democracy's Gold Standard".) But, hey, computers --- all of which are obviously wildly hackable --- could work too, right?

Speaking of which, we close today with an email from a listener who turned one of my recent rants on this issue into a poem...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast: Understanding two new, seemingly conflicting directives on "dark money" in campaigns --- one of them very encouraging --- and a new complaint filed with the Federal Election Commission charging several GOP Senators unlawfully colluded with the NRA during the 2014 and 2016 elections. [Audio link to show follows below.]

But, first up today, adjusting some numbers! In this past Tuesday's very close U.S. House Special Election in Ohio's (previously, very Republican) 12th Congressional District, the Trump-endorsed GOP candidate Troy Balderson was reportedly up over Democrat Danny O'Connor by just over 1,700 votes out of about 200,000 tallied on election night in the closely watched, bellwether race. On Wednesday, however, Franklin County's Board of Elections discovered an electronic cartridge from one precinct, with 588 votes stored on it, had not been included in the original unofficial tallies. With those ballots now added, O'Connor has netted 190 additional votes over Balderson, lowering the current unofficial margin in the contest to just 0.8 points. A margin of 0.5 or less would trigger an automatic "recount", as thousands of provisional and late vote-by-mail ballots are still being processed.

In Kansas, Tuesday's even tighter race between Sec. of State Kris Kobach and Gov. Jeff Colyer for the GOP gubernatorial nomination, saw its margin cut by more than half, from 191 votes to just 91, out of some 311,000 cast. The adjustment appears due to an incorrectly entered number by the Sec. of State's office on Tuesday night. The controversial, hard-right Kobach's razor-thin lead may further erode (or expand) as some 10,000 provisional and late mail-in ballots are still to be processed. A recount in that contest is all but certain.

Meanwhile, Puerto Rico, in an official statement to Congress, now acknowledges that at least 1,427 were killed during and after Hurricane Maria last year, a vastly different figure than the island's still-official death toll of 64. The new numbers place Maria's death toll much closer to the 1,833 said to have been killed during and after 2005's Hurricane Katrina. We discuss why it has been so difficult for Puerto Rican officials to acknowledge those far-higher numbers, long ago estimated by many experts.

Then we're joined by BRENDAN FISCHER, Associate Counsel at the Washington D.C.'s Campaign Legal Center (CLC), to help explain several important, if seemingly conflicting, pieces of campaign finance related news. About two weeks ago, the Treasury Department announced that non-profits who spend money on political campaigns --- so-called "Dark Money" groups --- would no longer be required to disclose the names of their donors to the IRS. The timing of that new policy, Fischer notes, "was pretty terrible. It happened on the same day that federal prosecutors charged Maria Butina with being an unregistered Russian agent who tried to influence American politics through the NRA, which had spent at least $35 million through its 501c4 [non-profit political action committee] arm during the last election cycle."

"So, if you're concerned about foreign money in elections, you should be really concerned about the Treasury Dept. stating that 501c4s, like [Karl Rove's] Crossroads GPS or the NRA, no longer have to disclose their top donors to the IRS."

Then, a week or so later, last Friday, a federal judge ordered the Federal Election Commission (FEC) to rewrite their current rules, within 45 days, in order to require the disclosure of the names of donors to many of those same "dark money" groups. Fischer details how the new mandate from Judge Beryl Howell, Chief Judge of the U.S. District Court for the District of Columbia, differs from the Treasury Dept. directive and, in fact, could be very good news indeed for those who believe in transparency and public oversight of elections!

"If the FEC was doing its job, then it wouldn't matter quite so much if the IRS was not collecting this information," Fischer tells me. "Judge Howell said that the FEC has been failing at its job, and it needs to go back to the drawing board and draft new rules that are going to ensure effective donor disclosure for certain types of political advertising."

"Judge Howell's decision is a reminder that the FEC is largely to blame for the rise of dark money. It's not just the Supreme Court's decision in Citizens United, it also is in large part the fault of the FEC for failing to enforce the laws that are on the books. The Supreme Court has endorsed donor disclosure, and the laws passed by Congress say that donors to politically active dark money groups must be disclosed. It falls to the FEC to draft the rules that interpret laws passed by Congress and to enforce those rules. But what the FEC has done is draft rules that narrow the donor disclosure laws passed by Congress, and then they failed to enforce even those narrow rules."

While acknowledging the new ruling as "a very big deal", Fischer explains why questions remain as to whether the ruling will be (or even can be) appealed and how the current vacancies on the FEC may prevent them from being able to act within the time ordered by Judge Howell.

In a separate, if somewhat related matter, Fischer details CLC's recently filed complaint with the FEC charging that the campaigns of four different Republican U.S. Senators unlawfully coordinated with the NRA's political action committee in violation of long-standing campaign finance laws during the 2014 and 2016 elections. The GOP Senators named in the complaint: Ron Johnson (WI), Tom Cotton (AR), Cory Gardner (CO) and Thom Tillis (NC).

Finally, Desi Doyen joins us for the latest Green News Report, with still more record heat, pushback from California against the Administration's attempt to undermine state mileage and emissions standards, and the extraordinary revelation that Trump's EPA is actually attempting to bring deadly asbestos back! Seriously!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

On today's BradCast: The Election Administrator's (and Election Integrity journalist's) Prayer was decidedly not answered on Tuesday, based on reported results in at least two key races, and problems in the four states (Kansas, Missouri, Michigan and Washington) which held midterm primaries and the one (Ohio) which held the final major U.S. House Special Election of the year. [Audio link to complete show is posted below.]

But, first up today, Republican Congressman Chris Collins of New York, the first sitting member of Congress to endorse Donald Trump's candidacy, was indicted Wednesday morning, along with his son and the father of his son's fiancee, for an insider trading scheme, after he had tipped off his son to failed testing for a multiple sclerosis treatment by an Australian company in which Collins was the top shareholder and a member of its board. According to the indictment by the Trump-appointed U.S. Attorney in Manhattan, it sure looks like they've caught Collins red-handed. Though he vows to fight the charges and remain on the ballot this November, his once-safe seat is now believed to be in danger.

Then, onto yesterday's Election Day and the very long night that followed.

In the OH-12 special election, Democrat Danny O'Connor trails Republican Troy Balderson by about 1,700 votes out of some 200,000 cast, mostly on 100% unverifiable touch-screen systems across seven Ohio counties. About 3,500 uncounted provisional and late vote-by-mail ballots could change the outcome in the days ahead, or at least lead to a state-mandated "recount" in the district that, for decades --- until Tuesday --- had been solidly "red". In 2016, Trump carried the district by 11 points and the now-resigned House GOP incumbent had carried it by 36 points. That has clearly changed with a virtual dead heat contest on Tuesday, leading to growing confidence in a "blue wave" this November by many Democrats and, yes, a "RED WAVE" in the same crucial midterms, as predicted today by Donald Trump.

In Detroit, where voters cast hand-marked paper ballots, they were able to continue voting even during power outages at more than a dozen polling places on Tuesday, following storms the night before. We have results from MICHIGAN's closely-watched Gubernatorial primaries and the somewhat bizarre, two separate Democratic primary races (one normal, one special) to fill the U.S. House seat left vacant last year by Rep. John Conyers resignation. State Dems will now host an historic, all-female slate at the top of the ticket for Governor, U.S. Senator, Attorney General and Sec. of State, and Rashida Tlaib will become the first Muslim woman in Congress.

In KANSAS, $10 million wasted on new, unverifiable touch-screen voting systems didn't help voters as some of the brand new ES&S ExpressVote ballot marking devices failed to work at all on Tuesday morning, and electronic tabulation grounded to a halt all together in Johnson County, the state's most populous, due to a problem that remains unclear at this hour. All of it resulted in another "too close to call" race today, in the GOP's gubernatorial primary between current Gov. Jeff Colyer and the controversial Trump-endorsed Sec. of State Kris Kobach. He leads, according to unverifiable touch-screen results finally reported on Wednesday morning, by just 191 votes(!) out of some 300,000 cast. A "recount" (overseen by Kobach himself) almost certainly awaits, as do future failures on the ExpressVote systems which produce unverifiable barcoded "paper trails" instead of hand-marked paper ballots. Sadly, the same systems are also being adopted by many other jurisdictions around the country as well.

In MISSOURI, a few Republicans came up with a novel new way to stop voters from voting. But that didn't deter the state which voted for Trump by double digits in 2016 from soundly rejecting a GOP anti-union (so-called "Right-to-Work") measure by a 2 to 1 margin. And, in St. Louis County, in a triumph of democracy, Bill McCulloch, the 7-term Democratic prosecutor who failed to bring charges in the 2014 police killing of Ferguson's Michael Brown, was defeated by Wesley Bell, one of the African-American leaders of the 2014 protests there. Bell had become a City Council member in Ferguson in 2015 and he will now be St. Louis County's Prosecuting Attorney.

And finally today, in WASHINGTON state, results of several U.S. House primaries suggest incumbent Republicans previously thought to be in safe "red" districts --- including Cathy McMorris Rodgers, the highest ranking female in Congress --- may not be quite as safe in this November's midterms as they had thought...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)